1992-05484-Minutes for Meeting February 19,1992 Recorded 2/25/199292-05484 MINUTES 0108 1548 February 19, 1992 `:'r= �` t ,�•, - .9 Acting Chair Throop called the meeting to order Board members in attendance were: Tom Throop and Pope Schlangen. Also present were Rick Isham, County Lega 1 6d4nsel; Larry Rice, Public Works Director; Bruce White, Assistant Legal Counsel; Karen Green, Community Development Director; George Read, Planning Director; Brad Chalfant, Property Manager; Frank Moore, Mental Health Director; Paul Blikstad, Planner; and Patsy Hovick, Planner. Before the regular agenda, Commissioner Schlangen gave Commissioner Throop, George Read, and Frank Moore Certificates of Appreciation from the Association of Oregon Counties for their extraordinary efforts and invaluable contributions during the preceding legislative session. 1. AWARD OF CRUSHED OIL ROCK CONTRACT Before the Board was award of bid from Bend Aggregate and Paving to supply, haul and stockpile crushed oil rock material. Larry Rice said the County did not have any crushed rock for the Central part of the County. There was only one bid of $225,190.75 and the Engineer's estimate was $281,625, so he recommended that the Board award this bid. SCHLANGEN: I move signature of contract. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused 2. AWARD OF CONTRACT FOR SUNNY ACRES LID Before the Board was award of contract with Pieratt Bros. Construction for the Sunny Acres LID. The low bid was $96,144.00. Larry Rice said there were $406,000 worth of LIDs in the three contracts coming before the Board today. If the Board approved proceeding with those LIDs, legal Counsel would proceed with process of getting money from the bank under warrants to be paid from the sale of future bonds. The "Notice to Proceed" on the contract would be contingent upon the issuing of warrants to finance the project. Rick Isham said he wanted to warn the Board that the new requirements for LIDs were so stringent that there might be road blocks which he still hadn't uncovered. kr PAGE 1 MINUTES: 2-19-92 V h SHE© 19'�� id,iC�iMF� 19 '9 3. FIN 5. OiO8 1549 SCHLANGEN: I move signature of contract with Pieratt Bros. Construction for $96,144.00. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused AWARD OF CONTRACT FOR PONDEROSA CASCADE LID Before the Board was award of contract with JAL Construction for the Ponderosa Cascade LID project. SCHLANGEN: I move signature on contract for Ponderosa Cascade LID to JAL Construction for the amount of $211,920.99. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused AWARD OF CONTRACT FOR RIVERWOODS LID Before the Board was award of contact with Pieratt Bros. Construction for the Riverwoods LID project. SCHLANGEN: I move signature of contract for Riverwoods LID to Pieratt Bros. for a total of $98,038.80. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused AWARD OF CONTRACT FOR CHAIN LINK FENCE AT KNOTT LANDFILL Before the Board was award of contract for the construction of approximately 1,000 feet of new chain link fence at the Knott Landfill site. Larry Rice said this project was part of the expansion of the Knott Landfill entrance to accommodate increased recycling facilities and a new weigh scale installation. The low bidder was Mike's Fence Center at $12,374.15. SCHLANGEN: I move signature of contract link fence at Knott Landfill to Mike's Fence Center for $12,374.15. PAGE 2 MINUTES: 2-19-92 6. 7. 0108 150 THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused AMENDMENT TO CONTRACT WITH RALSTON -BARBER Before the Board was an amendment to the Personal Services Contract with Ralston -Barber to add to their present contract an amount of $9,800 for the production of a 12 to 15 minute public information slide presentation. Larry Rice said it would be used to communicate with the public on Deschutes County's mission and fiscal needs. This presentation could be taken out into the community for lunch presentations or to the schools. Members from the management team and crew members would be doing the presentations. Commissioner Throop felt this project was important to spread the word, especially with the County's primary landfill being closed in the near future. SCHLANGEN: I move that we authorize $9,800 for Ralston - Barber for informational program. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused CONSERVATION & RESEARCH AREA ON OLD LIVESEY SITE Ray Curry, Director, Deschutes Soil & Water Conservation District, submitted a packet of information on the proposed Deschutes Outdoor Classroom and Nature Study Area on 40 acres of county -owned property referred to as the Livesey site. The property was accessed at the northeast corner off of Harrington Loop Road 1/2 mile west of Gist Road. Mr. Curry said the package was not totally complete since there were some items still coming in before the complete grant package would be submitted to GWEB on February 28, 1992. Since this was the first proposal being submitted to GWEB which had any educational value, GWEB was looking at it favorably. They had added material which had resulted from meetings with surrounding property owners and State, Federal, and local agencies. The plan received a favorable response from everyone who had been contacted. Mr. Curry requested a letter of support from the County which would guarantee that a lease with the County would be forthcoming for five years with a five year option. He felt that if the project received a grant from GWEB, the first PAGE 3 MINUTES: 2-19-92 0108 1551 phase of the project would be completed by the end of this summer. They were also looking for other funding sources. Commissioner Throop said he had received a few calls and letters from people who had originally been reluctant to support this project, but who were now very supportive. They liked the conservation and research aspects of the project which would be more primitive than a developed park. Mr. Curry said that everyone he had spoken to was in favor of the project and many wanted to get involved in the implementation of the project. Commissioner Throop asked if the Fish and Wildlife Department had been concerned about work taking place on this project during the winter on the deer range. Mr. Curry said they were primarily concerned with motor vehicle traffic from November through April, and they didn't expect any work to be done during that period of time which would affect the deer. Commissioner Throop asked if there was compatibility with the Deschutes County Comprehensive Plan. Brad Chalfant said he had spoken with a planner and there didn't appear to be any conflict. This was a listed conditional use (research area) in an EFU zone. The only improvements to the site being discussed were a small parking area at the northeast corner and probably some rest rooms. Commissioner Throop asked if the property should be changed to F-1 or F-2. George Read said that this project would be a conditional use in either zoning, however the surrounding area on three sides was zoned EFU-20 with National Forest land on the remaining side. A Comprehensive Plan amendment and a zone change would be required to change the zoning from EFU to F-1 or F-2 which would entail a significant amount of work, and he had not evaluated how or if this type of use would be allowed under the new forest zone. He didn't feel the County had adequate evidence that the property was forest land in order to justify a zone change. Brad Chalfant said he had attending the meeting with the neighbors, and it was clear that the "neighbors had been turned around." They firmly supported the proposal and were actively involved. He requested that the Board authorize him to begin drafting a lease, enter into negotiations, and prepare and file whatever land use applications were necessary to proceed with the project. Mr. Curry said they had determined that the Livesey Road was not a public road, and they were considering gating the road to any through traffic. Mr. Chalfant said they would probably put a gate on the road but would not lock it so that emergency vehicles would still have access. PAGE 4 MINUTES: 2-19-92 CM r J THROOP: I think it's appropriate for a motion to authorize the legal department to prepare whatever applications are necessary for this project to move forward. SCHLANGEN: So moved. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused FINDINGS AND DECISION ON PACIFIC POWER & LIGHT APPEAL Before the Board was signature of the Findings and Decision on the Pacific Power & Light application for a conditional use permit ( CU 91-116) and site plan ( SP 91-135) for an electrical transmission line east of Bend. Bruce White said that on January 21, 1992, the Board had made the decision to deny this application for a transmission line on the east side of Bend. He prepared the Findings and Decision based upon the reasons cited at that meeting. Commissioner Throop said that after thoroughly reviewing the draft, he felt that Counsel had done an excellent job of capturing the decision of the Board. He asked if the Community Development Department had any substantive comments on the draft. Mr. White said there was one comment concerning the requirement that PP&L come back with the "big picture" of a completed loop since this would require a very expensive notice mailing. Commissioner Throop said he did not see that the County had much of a choice but to proceed in that fashion. Bruce White said that nobody was disputing the need for a new transmission line, so it was just a question of where to put it. There had not been enough comparative analysis done or adequate justification for choosing this line over alternatives. Commissioner Throop said he thought PP&L had "gotten the message" because they were convening a meeting of all the parties to move forward on a joint analysis. Commissioner Schlangen said she definitely wanted to look at the whole loop at one time so the entire picture could be evaluated. SCHLANGEN: I move signature on Findings and Decision on Pacific Power and Light Appeal. THROOP: I'll second the motion. PAGE 5 MINUTES: 2-19-92 M 10. 11. 12 . VOTE: THROOP: YES 108 15M SCHLANGEN: YES MAUDLIN: Excused ACCOUNTS PAYABLE VOUCHERS AND TAX OVERPAYMENT REFUNDS Before the Board was approval of weekly accounts payable vouchers in the amount of $391,661.38 and tax overpayment refunds in the amount of $1,955.48. SCHLANGEN: Move approval upon review. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused COUNTY TESTIMONY ON DOGAMI RULE MAKING Before the Board was a request from Karen Green to approve her proposed testimony on draft DOGAMI Administrative Rules. She felt the draft rules was not a significant improvement over the original draft, and she expressed concern over some new language which had been added. The Board approved her draft with some additional changes that had been suggested by Dave Leslie, County Planner. MP -91-35 FOR CURTIS BOULET Before the Board was signature of MP -91-35 creating two 40 - acre farm parcels in an EFU-40 zone for Curtis Boulet. Patsy Hovick said the property was located on Dodds Road east of Bend. There was 41 acres of irrigation water which would be divided into 25.75 acres to parcel one and 15.35 acres to parcel two. This partition was done concurrently with a conditional use permit, and the dwelling was under construction. SCHLANGEN: I move signature on MP -91-35. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused SKYLINE CONDOMINIUM, STAGE II Before the Board was signature of a condominium plat for Skyline Condominium, Stage II in Sunriver. PAGE 6 MINUTES: 2-19-92 13. 14. 15. 0108 1 554 SCHLANGEN: Move signature. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused APPOINTMENTS TO BEND CASCADE VIEW ESTATES TRACT 2 ROAD DISTRICT Before the Board was appointment of Karen Engeman and reappointment of Audrey Rector to the Bend Cascade View Estates Tract 2 Special Road District Board of Directors. SCHLANGEN: Move appointments. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused MP -91-26 Before the Board was signature of MP -91-26 dividing a 89 -acre parcel into three farm parcels in an EFU-20 zone on Gosney Road. Paul Blikstad said the three parcels would be two 20 - acre parcels and one 49 -acre parcel. All three parcels would have enough irrigation water to allow farm deferral to continue. SCHLANGEN: Move signature of MP -91-26. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused CONTRACT WITH OPPORTUNITY FOUNDATION Before the Board was signature of a Mental Health Services Subcontract with the Opportunity Foundation to conduct residential, vocational and transportation programs. Frank Moore said this was a continuation of their ongoing contract with the Opportunity Foundation. SCHLANGEN: I move signature of contract. THROOP: Second the motion. PAGE 7 MINUTES: 2-19-92 VOTE: THROOP: YES 0108 1555 SCHLANGEN: YES MAUDLIN: Excused,. 16. TAX REFUND ORDER 92-016 Before the Board was signature of Tax Refund Order 92-016 in the amount of $6,483.34. SCHLANGEN: Move signature. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused 17. SUPERVISORY OPINION FROM DEPARTMENT OF REVENUE Rick Isham said that a supervisory opinion was issued by the Department of Revenue regarding interest. Since the Board of Equalization refunds would start being issued the next day, he requested that the Board decide whether staff should follow the Supervisory Opinion or "what appeared to be state law to the contrary." Commissioner Schlangen felt that the County should follow the state law, and Commissioner Throop agreed. DATED this ow day of h Commissioners of Deschutes County, Ore n. AT T: / 6L Recording Secretary PAGE 8 MINUTES: 2-19-92 , 1992, by the Board of U•-1 I T m hroo , ommis ioner Nancy Pqpq S hlangen, Com#iissioner Dick Maudlin, Chairman